KANTA BHATNAGAR, J. - (1.) APPELLANTS Gokul and Gordhan were tried for the offences under Sections 366 and 363 IPC by the Addl. Sessions Judge, Bhilwara. The learned trial Judge held Gokul guilty for the offence under Section 366 IPC and Gordhan for the offence under Section 366/409 IPC. On October 22, 1977 the learned Judge sentenced Gokul for the aforesaid offence to six months RI and a fine of Rs. 500/ -, in deafult to undergo three months RI. Gordhan was santenced to four months RI and a fine of Rs. 300/ -, in deafult to undergo two months RI for the offence under Section 366/109 IPC.
(2.) BEING dissatisfied by their conviction and sentences, the two appellants have preferred this appeal in this Court. Briefly stated the facts of the case giving rise to the appeal are as under: - -On March 11, 1977 Jagroop (PW 1) lodged the report at Police Station, Kareda to the effect that on March 9, 1977 Smt. Lahari aged 27 years along with her three children was going from her father' shouse to Nayapura. When she reached somewhere near Rooppura in the afternoon, a jeep propaganding for congress election reached there. Ismail, Panna Balai, Srilal, Nanda, Bherusingh, Hukamsingh and Devi Singh were there in the jeep. The driver of the jeep was Gordhan. The person boarding in the jeep forcibly caught hold of Smt. Lehari and her two children and forcibly took them in the jeep Meva aged about 10 years old son of Smt. Laheri made good to his escape and went to Naya -Talab. He informed his uncle Jagroop about his mother being taken in the jeep Jagroop and others went in a search of Smt. Lehari but she was not traceable. Smt. Lehari was then escorted to the house of her husband Raimal and informed Jagroop of her sister Smt. Sarju who was residing at Miyapala ka -Kheda. As stated above Jagroop went to Police Station, Kareda on March 11, 1977 and lodged the report at 10.30 p.m. On the basis of Ex. P. 1 on March 12, 1977 Md. Shafiyu Jama (PW 6), Station House Officer went to the site and at the instance of Jagroop and in the presence of Smt. Lehari inspected the site and prepared the site plan Lx. D. 3. He recorded the statement of the witnesses. Because of his transfer, investigation was entrused to Shanker Singh.
(3.) UPON completion of necessary investigation, charge sheet against the appellants was filed in the Court of Munsif and Judicial Magistrate, Gangapur. The learned Magistrate finding a prima facie case exclusively triable by the Court of Sessions, committed the appellants to the Court of Sessions Judge, Bhilwara to stand their trial there. The case was transferred to the Court of Addl. Sessions Judge, Bhilwara.;